Texas 2013 - 83rd Regular

Texas House Bill HB3709 Compare Versions

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Old	New	Differences
1	1	83R20881 PMO-F
2	2	By: Bell H.B. No. 3709
3	3	Substitute the following for H.B. No. 3709:
4	4	By: Burkett C.S.H.B. No. 3709
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to creation of the Health Freedom Act.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle G, Title 8, Insurance Code, is amended
12	12	by adding Chapter 1510 to read as follows:
13	13	CHAPTER 1510. HEALTH FREEDOM ACT
14	14	Sec. 1510.001. SHORT TITLE. This chapter may be cited as
15	15	the Health Freedom Act.
16	16	Sec. 1510.002. DEFINITION. In this chapter, "penalty or
17	17	sanction" includes any civil or criminal fine, administrative
18	18	penalty, license suspension or revocation, suspension or
19	19	revocation of the authority to engage in business in this state,
20	20	tax, salary or wage withholding or garnishment, surcharge, or fee,
21	21	or any other consequence imposed to punish or discourage the
22	22	exercise of rights protected under this chapter.
23	23	Sec. 1510.003. STATEMENT OF PUBLIC POLICY; CONSTRUCTION
24	24	WITH OTHER LAW. (a) Consistent with the constitutionally
25	25	recognized and inalienable rights of liberty, the public policy of
26	26	this state is that each individual in this state has the right to
27	27	choose or decline to choose health insurance coverage without
28	28	penalty or sanction or threat of penalty or sanction.
29	29	(b) This section may not be construed to impair any right of
30	30	contract related to the provision of health insurance coverage to
31	31	an individual or group, or the establishment or enforcement of a
32	32	court or administrative order for medical support of a child.
33	33	Sec. 1510.004. ENFORCEMENT. (a) An agency, public officer
34	34	or employee, or political subdivision of this state may not act to
35	35	impose, collect, enforce, or effectuate a penalty or sanction that
36	36	violates the public policy described by Section 1510.003(a).
37	37	(b) The attorney general shall take all necessary action
38	38	authorized by Section 402.038, Government Code, to preserve the
39	39	rights described by Section 1510.003(a).
40	40	SECTION 2. Subchapter B, Chapter 402, Government Code, is
41	41	amended by adding Section 402.038 to read as follows:
42	42	Sec. 402.038. ENFORCEMENT OF HEALTH FREEDOM ACT. If a law
43	43	or rule or regulation that violates the public policy described by
44	44	Section 1510.003(a), Insurance Code, is enacted or adopted by any
45	45	governmental entity, including the federal government, a political
46	46	subdivision of this state, or a state or federal agency, the
47	47	attorney general shall take all necessary action to preserve the
48	48	rights described by Section 1510.003(a), Insurance Code,
49	49	including:
50	50	(1) seeking injunctive relief; and
51	51	(2) defending this state and state officers,
52	52	employees, and agencies.
53	53	SECTION 3. This Act takes effect immediately if it receives
54	54	a vote of two-thirds of all the members elected to each house, as
55	55	provided by Section 39, Article III, Texas Constitution. If this
56	56	Act does not receive the vote necessary for immediate effect, this
57	57	Act takes effect September 1, 2013.